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    • No DWP is in denial, the Errol Graham case has caused much concern   https://www.disabilitynewsservice.com/errol-graham-coroner-pledges-to-press-dwp-on-safeguarding-review/   Something is amiss with the procedures, Capita and the PIP Assessments seem to go against what a claimant's doctors say quite often, as do the UC Work Capability Assessments
    • oh don't you just love fleecers out to make a buck out of people they think are just mugs..
    • Useful link, BN.   The article mentions that the National Audit Office said that the DWP isn't learning anything from its mistakes.   HB
    • 1.     The Claimant claims £9,240.52 for monies due from the Defendant.   2.     This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company Limited.  Each agreement had an individual account number as follows: 01xxxxxxxx, 00xxxxxxx, 97xxxxxxx, 96xxxxxxx.   3.     The Defendant failed to make payments as per the terms resulting in the agreement(s) being terminated.   Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s).   4.     The debt was assigned to the Claimant on 22/11/2013, with a notice provided to the Defendant.   A new master reference number xxxxxxxxxxxxx was also applied upon assignment.   5.     The Claimant has complied with the Pre-Action Protocol for Debt Claims   DEFENCE ……………...   The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.   1.     Paragraph 1 2 is noted and denied accepted . I have had financial dealings with The Student Loans company in the past.  I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.   2.     Paragraph 2 is noted and accepted.  I did take out 4 student loans with the Student Loans Company.   2.     Paragraph 3 is noted and denied.  The Defendant never agreed to make payments to the Claimant, terms of the original Student Loans Agreement have been adhered to and thus repayments of loans are not due.  The Claimant is put to strict proof that an agreement(s) to make payments was made and a breach of agreement(s) occurred.   Paragraph 3 is denied as The Defendant maintains that a default notices were never received. The Claimant is put to strict proof that default notices were issued to, and received by the Defendant    3. Paragraphs1 & 4 are denied.The annual income of the Defendant has never exceeded the published limits for deferral since graduating in XXXX. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly provided by the Claimant pursuant to the LoP Act 1925.   4.      On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant, to which both have failed to respond to,  It is therefore denied with regards to the Defendant owing any monies to the Claimant;  the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 CCA Request, therefore the Claimant is put to strict proof to: (a)   Show how the Defendant has entered into an agreement(s) (b)  Show how the Defendant is in breach of agreement(s) (c)   Show why the Claimant has terminated agreement(s) show the nature of breach and service of Default Notices and subsequent Notice of Sums in Arrears in accordance with the Consumer  Credit Act (d)  Show how the Claimant has reached the amount claimed for and (e)   Show how the Claimant has the legal right, either under statute or equity to issue a claim.     5. On receipt of this claim I requested (Royal Mail signed for) on 14/02/2020 a CPR 31.14 from the Claimant's solicitor and a section 77 CCA from the Claimant,  for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 requests and their solicitors, Drydens Limited, have refused my CPR 31.14 request.    6.     The Defendant has supplied the Claimant with a deferment letter and evidence every year that their income is below the threshold for repayments, by way of Royal Mail signed for and proof of postage has been kept. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.      7.     The Defendant has done everything required of them to qualify for deferment as per the original agreement(s) with The Student Loans company.  The Claimant has only once acknowledged a deferment letter on 16 September 2014 whereupon they granted their request to defer repayments for that year. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8.The Defendant therefore fails to see how they are in breach of any agreement(s) and deny the Claimant's claim of £9,240.52 or any other sum, or relief of any kind. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief        ……………………………...   delete the red add the blue.    
    • Is this better?   In the Bristol Civic Justice Centre   Claimant name and address xxxxxxxx xxxxxx xx xxxxxx xxxx xxxxxxxxxxx xxxxxxxxxxxxxx xxxx xxx   Defendants name and address Nissan Motor (GB) Limited, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS.   Brief details of claim Damages   Value £225   Particulars of claim 1. The Defendant is a Data Controller within the meaning of the Data Protection Act 2018 and is responsible for the processing of data of which the Claimant is a Subject.     2. This claim is in relation to three breaches of the Data Protection Act (2018) by the Defendant. (a) Failure to comply with the statutory time limit. (b) The Defendants data disclosure was incomplete. (c) The Defendant sent the data to an address which was not the address of the      Claimant data Subject.    3. The Defendant has failed to comply with the statutory time limit and is therefore in breach of the Data Protection Act (2018). (a) On 09 January 2020, the Claimant made a request for to the Defendant for a statutory data disclosure.  The statutory timeframe for compliance was 10 February 2020.    4. The Defendants data disclosure is incomplete.  (a) The Defendant has provided data disclosure on 25 February 2020.  However, the data disclosure that has been provided by the Defendant is incomplete.    5. The Defendant sent the disclosure to an address that was not the Claimant’s. (a) The Claimant provided the Defendant with the correct address to send the Subject Access Request to on 10 January 2020 and again on 19 February 2020.      6. The Claimant has made a complaint to the Information Commissioner’s Office (ICO) asking for a statutory assessment to be carried out.  The ICO has offered a preliminary view that the Defendant has breached their statutory duty in failing to comply with the statutory time limit.    7. By virtue of the Defendant’s failure to comply with the Subject Access Request the Claimant has suffered distress.
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Helenh7

DVLA - mid ** Success **

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My car was written off in may 2012 i cancelled insurance on 18th may 2012 and didn't send docs into dvla until oct (5 months late) i sent them everything including tax disc from jan 2012 to jan 2013, dvla then sent confirmation slip and a check for £21 i think it was minus £40 or so less, i thought that was money they took for fine and that was end of it. WRONG a couple of weeks later i get a letter from - mid - database shows this vehicle was not insured on 19/10/2012 penalty £100, i filled form to appeal and inclosed dvla letter of confirmation and insurance letter of cancellation,then on 5th 12th 2012 i get final notice of failure to insure, so i phoned mid and asked what had happend to my letter of appeal, they said they didn't receive my letter BUT the records have now been updated, can anyone please advise me on what to write on this appeal, oh and how could they update records if they didn't receive my letter of confirmation from dvla. thankyou,

Edited by Helenh7
misspelling

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Hello Helenh7, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Moved to the DVLA section

 

I don't understand why you would send the insurance cancellation letter, that just proves the DVLA point that the vehicle wasn't insured as it shows you cancelled the insurance in May so the car was uninsured for about 5 months.

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Hi Conniff, I didn't have car to insure, it was written off as it was costing to much to repair, it went on fire due to a manufacturing fault, the manufacturers insurance company paid me out, once i accepted the offer i then went back to arnold clark where my car was going to be repaired, i emptied the car of my belongings and my tax disc,but due to ill health (severe deppression) i didn't send my documents into dvla until 5 months later, i was fully insured 1 year tax and mot everything was above board and legit, the accident happend in april and once i accepted the offer i then got in touch with insurance company and told them the story, no more car so cancelled insurance in may. I have since found out "under the new system"dvla will work in partnership with the motor insurer bureau to identify uninsured vehicles and send the registered keeper a warning letter warning them if they fail to comply with the advice set out in the letter they will face a fixed penalty of £100, I did not receive any letter. Motor insurance database sent me a fixed penalty only after i wrote to dvla,the only thing im guilty of is sending my documents in late, and they deducted £40 from my car tax refund, this must be because i was late with sending back tax disc,i phoned dvla to find out about the £40 and £100 fine that mid are asking for and was told cant talk about it on phone write in to fines office.

Edited by Helenh7
left somthing out

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Hi sir_gilmour, thankyou, yes it is a bit confusing.

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Unfortunately you never SORNed the car so were without insurance for 5 months as the DVLA had no idea it had been written off and are assuming you were using the car on the road without insurance. The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

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The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

 

I think Surfer may be quite right unfortunately. As we all suspected when they introduced this fantastic new law the was going to cure the problem of uninsured vehicles being driven, it does nothing of the sort, but merely is making a fortune off "innocent" owners who are caught in this minor misunderstanding and never had any intention of driving an uninsured car.

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Maybe a way out. Maybe at that time,the insurance company was the legal owner and the insurance company was negligent and never SORNed the vehicle. I think if OP can determine at what point ownership was passed onto insurance company, there may be a slim chance.

 

BTW what does normally happen in instances were the car is written off?

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BTW what does normally happen in instances were the car is written off?

 

RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

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RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

Thought as much, however after writing off a car and all the stress associated with it, probably the last thing on your mind. Surely if insurer do not ask for paperwork, how can they scrapped the vehicle. In an extreme circumstance if the person is killed or badly injured and in hospital for months, how would it work?

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Good news, i got letter from DVLA Enforcement Centre this morning it states,(Thank you for your reply to the fixed penalty notice. In view of the information provided to us no further action will be taken).What a relief, and yes Surfer01 i was totally stressed didn't need the extra aggro from the modern day bounty hunters. Thankyou to all who replyed to my query.

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|Good result. Common sense prevailed at DVLA for a change.

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Congratulations, I have change your subject title to show your success.

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Thanks Conniff for your help.

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